C.L.VERMA, j. - (1.) THIS revision has been filed against the order dated 31-7-98 passed by learned additional Commissioner, Jhansi passed in Revision No. 244/85 of 95/96 recommending that the revision be allowed, the order of the trial Court be set aside and the case be remanded to it for fresh decision after giving show-cause notice to the allottees.
(2.) I have heard the learned Counsel for the parties and perused the record. From a perusal of record it is obvious that the impugned order was passed by Additional Collector, Hamirpur. In view of decision published in 1995 A.C.J. page 1313 High Court Division Bench, Additional Collector had no jurisdiction to dispose of the proceedings. Apart from this the order in question was passed without giving a proper show-cause notice to the allottees. The learned Additional Commissioner has taken the entire material on record into consideration and found that the case deserve to be remanded to the trial Court for fresh decision after giving a proper show-cause notice to the allottees. I agree with his view.
(3.) AGREEING with the recommendation of the learned Additional Commissioner, I accept the reference, allow the revision, set aside the order of the Additional Collector and remand the case to Collector Hamirpur for decision afresh on merits according to law in the light of the observations made by the learned Additional Commissioner. Revision allowed;